Ah, it seems the news has spread here...
Actually, Nintendo of Europe is going to sue everyone who imports the American version into Europe, since NoE want it to be A big hit when it hits Europe and they vie to have the 5 languages in the Game. Europeans can import the JAP version. Also the person, regardless of country, that sold the game to the buyer via online shall be sued as well. This does interfere with Free Trade Law but it seems NoE dosen't give A flying ****. Sorry for my language.
I think its most likely this only applies to retailers, my friend, not to single, natural people. What I mean is that if, for example, GAME decided to sell imports of pokemon (Or any other game), nintendo actually COULD sue, since in the box of the game it clearly says "For sale only in north and latin america/japan/whatever", which means that the product is NOT licensed for sale there and, since NoE owns the right to the distribution of the product in that zone, they could aswell sue the retailer whos carrying the imports. However, when you buy from Play-Asia, for example, NoE can't do anything since, even when you live in Europe, the actual transaction is being made in hong kong, which is in asia, where they don't have any rights over the game. What I mean is, when you import from Asia (Or some northamerican retailer) who can ship it to you, you're actually buying the game in that country and having somebody (In this case the very store) shipping it to you as an aditional service, therefore NoE can't do anything about it, but, if a proper retailer decides to sell said item on europe, they'd need to have the sales/distribution permission for that area, which they don't--since the product isnt licensed to be sold there and, therefore they could be breaking a law. I hope I explained myself well =)